Illinois General Assembly - Full Text of HB3376
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Full Text of HB3376  100th General Assembly


Rep. Lou Lang

Filed: 3/8/2017





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2    AMENDMENT NO. ______. Amend House Bill 3376 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Rehabilitation of Persons with
5Disabilities Act is amended by changing Section 3 as follows:
6    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
7    Sec. 3. Powers and duties. The Department shall have the
8powers and duties enumerated herein:
9    (a) To co-operate with the federal government in the
10administration of the provisions of the federal Rehabilitation
11Act of 1973, as amended, of the Workforce Investment Act of
121998, and of the federal Social Security Act to the extent and
13in the manner provided in these Acts.
14    (b) To prescribe and supervise such courses of vocational
15training and provide such other services as may be necessary
16for the habilitation and rehabilitation of persons with one or



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1more disabilities, including the administrative activities
2under subsection (e) of this Section, and to co-operate with
3State and local school authorities and other recognized
4agencies engaged in habilitation, rehabilitation and
5comprehensive rehabilitation services; and to cooperate with
6the Department of Children and Family Services regarding the
7care and education of children with one or more disabilities.
8    (c) (Blank).
9    (d) To report in writing, to the Governor, annually on or
10before the first day of December, and at such other times and
11in such manner and upon such subjects as the Governor may
12require. The annual report shall contain (1) a statement of the
13existing condition of comprehensive rehabilitation services,
14habilitation and rehabilitation in the State; (2) a statement
15of suggestions and recommendations with reference to the
16development of comprehensive rehabilitation services,
17habilitation and rehabilitation in the State; and (3) an
18itemized statement of the amounts of money received from
19federal, State and other sources, and of the objects and
20purposes to which the respective items of these several amounts
21have been devoted.
22    (e) (Blank).
23    (f) To establish a program of services to prevent the
24unnecessary institutionalization of persons in need of long
25term care and who meet the criteria for blindness or disability
26as defined by the Social Security Act, thereby enabling them to



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1remain in their own homes. Such preventive services include any
2or all of the following:
3        (1) personal assistant services;
4        (2) homemaker services;
5        (3) home-delivered meals;
6        (4) adult day care services;
7        (5) respite care;
8        (6) home modification or assistive equipment;
9        (7) home health services;
10        (8) electronic home response;
11        (9) brain injury behavioral/cognitive services;
12        (10) brain injury habilitation;
13        (11) brain injury pre-vocational services; or
14        (12) brain injury supported employment.
15    The Department shall establish eligibility standards for
16such services taking into consideration the unique economic and
17social needs of the population for whom they are to be
18provided. Such eligibility standards may be based on the
19recipient's ability to pay for services; provided, however,
20that any portion of a person's income that is equal to or less
21than the "protected income" level shall not be considered by
22the Department in determining eligibility. The "protected
23income" level shall be determined by the Department, shall
24never be less than the federal poverty standard, and shall be
25adjusted each year to reflect changes in the Consumer Price
26Index For All Urban Consumers as determined by the United



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1States Department of Labor. The standards must provide that a
2person may not have more than $10,000 in assets to be eligible
3for the services, and the Department may increase or decrease
4the asset limitation by rule. The Department may not decrease
5the asset level below $10,000.
6    The services shall be provided, as established by the
7Department by rule, to eligible persons to prevent unnecessary
8or premature institutionalization, to the extent that the cost
9of the services, together with the other personal maintenance
10expenses of the persons, are reasonably related to the
11standards established for care in a group facility appropriate
12to their condition. These non-institutional services, pilot
13projects or experimental facilities may be provided as part of
14or in addition to those authorized by federal law or those
15funded and administered by the Illinois Department on Aging.
16The Department shall set rates and fees for services in a fair
17and equitable manner. Services identical to those offered by
18the Department on Aging shall be paid at the same rate.
19    Personal assistants shall be paid at a rate negotiated
20between the State and an exclusive representative of personal
21assistants under a collective bargaining agreement. In no case
22shall the Department pay personal assistants an hourly wage
23that is less than the federal minimum wage.
24    Solely for the purposes of coverage under the Illinois
25Public Labor Relations Act (5 ILCS 315/), personal assistants
26providing services under the Department's Home Services



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1Program shall be considered to be public employees and the
2State of Illinois shall be considered to be their employer as
3of the effective date of this amendatory Act of the 93rd
4General Assembly, but not before. Solely for the purposes of
5coverage under the Illinois Public Labor Relations Act, home
6care and home health workers who function as personal
7assistants and individual maintenance home health workers and
8who also provide services under the Department's Home Services
9Program shall be considered to be public employees, no matter
10whether the State provides such services through direct
11fee-for-service arrangements, with the assistance of a managed
12care organization or other intermediary, or otherwise, and the
13State of Illinois shall be considered to be the employer of
14those persons as of January 29, 2013 (the effective date of
15Public Act 97-1158), but not before except as otherwise
16provided under this subsection (f). The State shall engage in
17collective bargaining with an exclusive representative of home
18care and home health workers who function as personal
19assistants and individual maintenance home health workers
20working under the Home Services Program concerning their terms
21and conditions of employment that are within the State's
22control. Nothing in this paragraph shall be understood to limit
23the right of the persons receiving services defined in this
24Section to hire and fire home care and home health workers who
25function as personal assistants and individual maintenance
26home health workers working under the Home Services Program or



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1to supervise them within the limitations set by the Home
2Services Program. The State shall not be considered to be the
3employer of home care and home health workers who function as
4personal assistants and individual maintenance home health
5workers working under the Home Services Program for any
6purposes not specifically provided in Public Act 93-204 or
7Public Act 97-1158, including but not limited to, purposes of
8vicarious liability in tort and purposes of statutory
9retirement or health insurance benefits. Home care and home
10health workers who function as personal assistants and
11individual maintenance home health workers and who also provide
12services under the Department's Home Services Program shall not
13be covered by the State Employees Group Insurance Act of 1971
14(5 ILCS 375/).
15    A home care consumer, as defined in Section 17.1, in the
16Department's Home Services Program has the right and discretion
17to select and hire a personal assistant or other individual
18provider of his or her choice. A home care consumer in the
19Department's Home Services Program also has the right and
20discretion to determine the number of hours per week his or her
21personal assistant or other individual provider may work.
22Subject to the Department's authority to approve the total
23monthly hours in a home care consumer's service plan, the State
24of Illinois and any of its departments, including the
25Department, shall not impose a limit on the number of hours per
26week a personal assistant or other individual provider may work



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1that is less than 55 hours per week. Subject to the
2Department's authority to approve the total monthly hours in a
3home care consumer's service plan, the State of Illinois and
4any of its departments, including the Department, shall not
5impose any limit on the number of hours per week a personal
6assistant or other individual provider may work unless the
7following conditions are satisfied:
8        (1) As an exception to any limit imposed by the
9    Department, a personal assistant or other individual
10    provider may work and be paid for all hours worked up to at
11    least 66 hours per week if, subject to verification by the
12    Department, the personal assistant or other individual
13    provider works for: (i) a home care consumer receiving
14    services under a court-ordered service plan; (ii) a home
15    care consumer with a Determination of Need score of 70 or
16    above (or the equivalent under any new assessment tool); or
17    (iii) a home care consumer with an exceptional care rate.
18        (2) The Department shall establish an exceptions and
19    appeals process that permits a home care consumer to
20    request an exception to any limit imposed by the Department
21    up to a maximum of no less than 66 hours per week.
22    Exceptions shall be approved as appropriate to maintain
23    consumer independence and shall be approved, at a minimum,
24    under the following circumstances which must be verified by
25    the Department:
26            (A) Delayed arrival of a provider.



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1            (B) Sudden loss of a provider.
2            (C) Unexpected illness of a provider.
3            (D) Extraordinary circumstances justified by the
4        health and safety issues of the home care consumer.
5        The exceptions and appeals process shall also permit a
6    home care consumer to apply to be pre-approved for the use
7    of a personal assistant or other individual provider for
8    hours worked above the weekly maximum. Such pre-approval
9    shall last for not less than one year from the date of the
10    approval. Additionally, the exceptions and appeals process
11    shall permit a home care consumer to apply after the fact
12    for the approval of the prior use of a personal assistant
13    or other individual provider who worked up to a maximum of
14    no less than 66 hours per week.
15        (3) Notwithstanding any limit imposed by the
16    Department on the number of hours per week a home care
17    consumer's personal assistant or other individual provider
18    may work, if the home care consumer would face a serious
19    risk of institutionalization, the Department shall work
20    with the home care consumer to ensure that appropriate care
21    in the community will be provided, whether through
22    authorized overtime or another solution.
23    Nothing in this subsection shall limit the Department's
24authority under any other statute to disqualify an individual
25from providing services in the Department's Home Services
26Program for reasons other than the number of weekly hours



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1worked by the individual.
2    The Department shall execute, relative to nursing home
3prescreening, as authorized by Section 4.03 of the Illinois Act
4on the Aging, written inter-agency agreements with the
5Department on Aging and the Department of Healthcare and Family
6Services, to effect the intake procedures and eligibility
7criteria for those persons who may need long term care. On and
8after July 1, 1996, all nursing home prescreenings for
9individuals 18 through 59 years of age shall be conducted by
10the Department, or a designee of the Department.
11    The Department is authorized to establish a system of
12recipient cost-sharing for services provided under this
13Section. The cost-sharing shall be based upon the recipient's
14ability to pay for services, but in no case shall the
15recipient's share exceed the actual cost of the services
16provided. Protected income shall not be considered by the
17Department in its determination of the recipient's ability to
18pay a share of the cost of services. The level of cost-sharing
19shall be adjusted each year to reflect changes in the
20"protected income" level. The Department shall deduct from the
21recipient's share of the cost of services any money expended by
22the recipient for disability-related expenses.
23    To the extent permitted under the federal Social Security
24Act, the Department, or the Department's authorized
25representative, may recover the amount of moneys expended for
26services provided to or in behalf of a person under this



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1Section by a claim against the person's estate or against the
2estate of the person's surviving spouse, but no recovery may be
3had until after the death of the surviving spouse, if any, and
4then only at such time when there is no surviving child who is
5under age 21 or blind or who has a permanent and total
6disability. This paragraph, however, shall not bar recovery, at
7the death of the person, of moneys for services provided to the
8person or in behalf of the person under this Section to which
9the person was not entitled; provided that such recovery shall
10not be enforced against any real estate while it is occupied as
11a homestead by the surviving spouse or other dependent, if no
12claims by other creditors have been filed against the estate,
13or, if such claims have been filed, they remain dormant for
14failure of prosecution or failure of the claimant to compel
15administration of the estate for the purpose of payment. This
16paragraph shall not bar recovery from the estate of a spouse,
17under Sections 1915 and 1924 of the Social Security Act and
18Section 5-4 of the Illinois Public Aid Code, who precedes a
19person receiving services under this Section in death. All
20moneys for services paid to or in behalf of the person under
21this Section shall be claimed for recovery from the deceased
22spouse's estate. "Homestead", as used in this paragraph, means
23the dwelling house and contiguous real estate occupied by a
24surviving spouse or relative, as defined by the rules and
25regulations of the Department of Healthcare and Family
26Services, regardless of the value of the property.



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1    The Department shall submit an annual report on programs
2and services provided under this Section. The report shall be
3filed with the Governor and the General Assembly on or before
4March 30 each year.
5    The requirement for reporting to the General Assembly shall
6be satisfied by filing copies of the report with the Speaker,
7the Minority Leader and the Clerk of the House of
8Representatives and the President, the Minority Leader and the
9Secretary of the Senate and the Legislative Research Unit, as
10required by Section 3.1 of the General Assembly Organization
11Act, and filing additional copies with the State Government
12Report Distribution Center for the General Assembly as required
13under paragraph (t) of Section 7 of the State Library Act.
14    (g) To establish such subdivisions of the Department as
15shall be desirable and assign to the various subdivisions the
16responsibilities and duties placed upon the Department by law.
17    (h) To cooperate and enter into any necessary agreements
18with the Department of Employment Security for the provision of
19job placement and job referral services to clients of the
20Department, including job service registration of such clients
21with Illinois Employment Security offices and making job
22listings maintained by the Department of Employment Security
23available to such clients.
24    (i) To possess all powers reasonable and necessary for the
25exercise and administration of the powers, duties and
26responsibilities of the Department which are provided for by



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2    (j) (Blank).
3    (k) (Blank).
4    (l) To establish, operate and maintain a Statewide Housing
5Clearinghouse of information on available, government
6subsidized housing accessible to persons with disabilities and
7available privately owned housing accessible to persons with
8disabilities. The information shall include but not be limited
9to the location, rental requirements, access features and
10proximity to public transportation of available housing. The
11Clearinghouse shall consist of at least a computerized database
12for the storage and retrieval of information and a separate or
13shared toll free telephone number for use by those seeking
14information from the Clearinghouse. Department offices and
15personnel throughout the State shall also assist in the
16operation of the Statewide Housing Clearinghouse. Cooperation
17with local, State and federal housing managers shall be sought
18and extended in order to frequently and promptly update the
19Clearinghouse's information.
20    (m) To assure that the names and case records of persons
21who received or are receiving services from the Department,
22including persons receiving vocational rehabilitation, home
23services, or other services, and those attending one of the
24Department's schools or other supervised facility shall be
25confidential and not be open to the general public. Those case
26records and reports or the information contained in those



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1records and reports shall be disclosed by the Director only to
2proper law enforcement officials, individuals authorized by a
3court, the General Assembly or any committee or commission of
4the General Assembly, and other persons and for reasons as the
5Director designates by rule. Disclosure by the Director may be
6only in accordance with other applicable law.
7(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)".